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division (b) and determine if there has been a violation of  |  | section 13003.__If the commission finds that a violation has  |  | occurred, the commission may issue a cease and desist order,  |  | assess a civil penalty in an amount it determines, but not to  |  | exceed $2,000 per violation, or issue any other decision  |  | pursuant to section 13068.__Each day a violation occurs or  |  | continues is a separate violation.__The commission shall  |  | determine the terms of payment.__The commission shall maintain  |  | a transcript of the proceedings of the hearing and issue a  |  | written opinion to all parties, citing its findings and  |  | grounds for any action taken. |  
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 |   | | C.__If a person fails to pay a civil penalty assessed  |  | pursuant to paragraph B within the time prescribed by the  |  | commission, the director may forward to the Attorney General  |  | the name of the person and the amount of the civil penalty  |  | for the purpose of collecting that civil penalty.__In  |  | addition to the civil penalty assessed pursuant to paragraph  |  | B, the person also must pay any fee assessed by the Attorney  |  | General for collection of the civil penalty. |  
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 |   | | §13071.__Private cause of action |  
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 |   |  | 1.__Injunction.__In addition to the penalty and complaint  |  | provisions of this chapter, an injunction may be granted through  |  | an action in district court to prohibit a person from engaging in  |  | an activity that violates the provisions of section 13003.__The  |  | action for injunctive relief may be brought only by an affected  |  | person.__For the purposes of this section, "affected person"  |  | means any person upon whom the actions of a person suspected of  |  | violating the provisions of section 13003 have had a direct  |  | impact.__"Affected person" may include, but is not limited to,  |  | the commission, a person who has used the services of a person  |  | suspected of violating the provisions of section 13003 or a  |  | private association composed primarily of members practicing a  |  | profession for which licensure is required pursuant to this  |  | chapter. |  
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 |   |  | 2.__Costs and attorney's fees.__If a person is successful in  |  | obtaining injunctive relief, that person is entitled to actual  |  | costs and attorney's fees unless the person suspected of  |  | violating a provision of section 13003 prevails in any  |  | application for permanent injunctive relief.__For the purposes of  |  | this section, "actual costs" means those costs other than  |  | attorney's fees that were actually incurred in connection with  |  | the action, including, but not limited to, court and witness  |  | fees, investigative expenses, travel expenses, legal research  |  | expenses and other related fees and expenses. |  
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 |   |  | Sec. 8.  32 MRSA §13177, as amended by PL 1999, c. 129, §8, is  |  | further amended to read: |  
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